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PLN v. CCA, AZ, Settlement Agreement, censorship, 2010

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CCA BUSINESS DEU

001/004

Daniel P. Struck, Bar #012377
Liana], Garcia, Bar #027452
JONES, SKELTON & HOCHULI, P.L.C.
2901 North Central Avenue, Suite 800
Phoenix, Arizona 85012 .
Telephone: (602) 263-1700
Fax: (602) 200-7811
dstruck(ci)jshfirm ,com
Igarcia@Jshtinn.com
Attorneys for Defendants Corrections
Corporation of America, Todd Thomas, Ben
Griego, Marcos Lopez and Daren Swenson

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UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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Prison Legal News, a project of the Human
Rights Defense Center, a'Washington nonprofit charitable corporation,
Plaintiff,

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v.

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NO, 2:09-cv-0 1831-PHX-ROS

Corrections Corporation Of America, a
Maryland corporation; Daren Swenson, CCA
RegIOnal Director of Operations; Todd
Thomas, Warden, Saguaro Correctional
Center; Ben Griego, Assistant Warden,
Sa~uaro Correctional Center; Marco Lopez,
ChIef of Security, Saguaro Correctional
Center; and DOES 1-100, inclusive,

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SETTLEMENT AGREEMENT

Defendants.

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Plaintiff and Defendants ("Parties") have participated in a Settlement

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Conference before the Honorable David Duncan, Magistrate Judge of the United States

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District Court for the District of Arizona on March 25, 2010.

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The Parties agree that they intend to reac,h of settlement of this matter on the
following terms:

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will Prison Legal News be subject to a blanket prohibition at Saguaro Correctional Center.

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ll86114 I

IJ!54~2·11

Prison Legal News will not be placed on a prohibited vendor list, nor

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Prisoners at Saguaro Correctional Center will receive books and

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publications paid for or ordered by third parties (gift publications), as long as otherwise

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permissible, pursuant to Policy No. 16·1, which is already

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Correctional Center and is attached to this agreement as Exhibit A.

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in place at Saguaro

If any incoming book or publication from Prison Legal News is

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rejected, the material shall be held at the institution for a period of thirty (30) days after

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having provided notice to Prison Legal News. Prison Legal News shall be given notice

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and opportunity to respond while material is being held.

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4.

Defendant will provide Notice to Prison Legal News if outgoing

correspondence to Prison Legal News is prevented from being sent.

5.

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Plaintiff agrees that the termS of this Agreement in no way restrict

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Defendants' ability to manage Saguaro Correctional Center, and that the Defendants may

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place restrictions on certain publications pursuant to Policy No. 16-1 and limit the amount

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of property held by inmates pursuant to the facility's property retention policy.

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6.

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Defendants agree that Prison Legal News is an "authorized retailer"

as defined in Policy 16-\.

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Subscription cards affixed to Prison Legal News are not to be

intentionally removed trom publications.

8.

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In the event that Plaintiff becomes aware or a potential violation of

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the Settlement Agreement, Plaintiff agrees to attempt to resolve the violation by

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contacting Defense counsel directly, prior to seeking court enforcement of this

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Agreement.

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ceA shall pay Prison Legal News a lump sum of $70,000 for

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damages, attorney's fees and costs. Plaintiff is not entitled to additional attorney's fees or

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costs for monitoring compliance with this agreement, but may be entitled to recover

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reasonable attorneys fees and costs, to be determined by the court, incurred as a result of

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filing a successful Motion to Enforce the settlement agreement. In consideration thereof,

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Prison Legal News will execute an appropriate release.
21861141

10154J2·11

CCA BUSINESS DEU

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CCA BUSINESS DEU

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Prison Legal News agrees that any press release issued to other media

regarding the settlement of this matter wiJI omit the amount of the lump sum payment.

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The panies consent to the reservation and exercise of jurisdiction by

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the United States District Court and assigned Magistrate Judge over all disputc!i bctween

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and among the Panies arising out of this Agreement, including but not limited

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interpretation and enforcement of the tenns oftbis Agreement.

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This Agreement, and a~1 responsibilities and obligations herein, shall

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terminate on December 5. 2011. On December 5, 2011, the Parties shaH stipulate to

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dismiss the action with prejudice.
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CCA shall post a notice of this settlement, substantially in the fonn of

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Exhibit B hereto, conspicuously in the libraries, dayrooms and other common areas of·

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Saguaro Correctional Center, and shall maintain the posting until the above.referenced

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tennination date.

c,j0Ci0r;.f Am~ca

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Correc~~s

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BY:

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Cole Caner

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TITLE: Assistant General Counsel, Operations

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Date:

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Jones, Skelton & Hochuli, P.L.C.

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By: ____________________

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Daniel P. Struck

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Attorneys for Defendants

Date: _ _ _ _ _ ___

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Date: _

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Date:

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GGA BUSIHESS OEU

Ernest Galvan
Attorneys for Plaintiffs

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Date:

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Daniel Pochoda

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Attorneys for Plaintiffs

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EXHIBIT A

POLICY
TITLE
CHAPTER

SIGNATURE ON FILE AT FACILITY SUPPORT CENTER

Richard P. Seiter
Executive Vice President/Chief Corrections Officer

Correspondence Procedures
16

POLICY
NUMBER

16-1

Page 1 of 25

EFFECTIVE DATE

SUPERSEDES DATE

OCTOBER 28, 2009

NOVEMBER 1, 1997

FACILITY
NAME

SAGUARO CORRECTIONAL CENTER

SIGNATURE ON FILE AT FACILITY SUPPORT CENTER

FACILITY EFFECTIVE DATE

FACILITY SUPERSEDES DATE

G.A. Puryear, IV
Executive Vice President/General Counsel

FEBRUARY 1, 2010

JANUARY 1, 2009

16-1.1 POLICY:
It is the policy of CCA to allow all inmates/residents, including those housed in segregation units, to
correspond with individuals and organizations outside of the facility. The sending and receiving of
correspondence will only be restricted to the extent necessary to prevent a threat to the safety, security,
and good order of the facility, the safety or well being of any individual, or for other legitimate
penalogical purposes.
16-1.2 AUTHORITY:
CCA Company Policy
16-1.3 DEFINITIONS:
Certified Mail –Uninsured first class mail requiring proof of delivery.
Censoring Mail – The act of monitoring and withholding general correspondence, periodicals, and
publications that are found to be detrimental to the security, good order, or discipline of the facility or
that might incite violence or facilitate criminal activity.
Contraband – For the purpose of this policy, any items found in incoming/outgoing mail that are not
authorized at the facility and/or not authorized to be sent out of/into the facility.
First Class Mail – A class of mail that includes all matter wholly or partly in writing or typewriting, all
actual and personal correspondence, all bills and statements of account (e.g. postcards, letters, and
sealed parcels).
General Correspondence – Mail, incoming and outgoing, between an inmate/resident and individual
other than those approved for special correspondence.
Hazardous Material – Any article or substance designated by the U.S. Department of Transportation
(DOT) as being capable of posing an unreasonable risk to health, safety, and property during
transportation.
Indigent Inmate/Resident - An inmate/resident having maintained a balance of at least three dollars
($3.00) or less in their account, physical possession, or in both combined for thirty (30) days prior to the
request for supplies. However, some facilities may vary due to contract requirements.
AT THIS FACILITY, THE DOLLAR AMOUNT USED FOR INDIGENCY IS:
THREE DOLLARS ($3.00).

AT THIS FACILITY, THE PROCEDURE USED FOR INDIGENCY IS:
THREE DOLLARS ($3.00) OR LESS FOR THIRTY (30) CONTINUOUS DAYS.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 2 of 25

OCTOBER 28, 2009

16-1

Inmate/Resident – Any adult or juvenile, male or female housed in a CCA facility. Inmates/residents
may also be referred to as detainees, prisoners, or offenders depending on classification and in
accordance with facility management contracts.
Insured Mail – A service that provides indemnity coverage for a lost, rifled, or damaged article, subject
to the standards for the service and payment of the applicable fee.
Perishable Matter – An item (such as produce, live animal, or live plant) that can deteriorate in the mail
and thereby lose value, create a health hazard, or cause a nuisance or disturbance under ordinary
mailing conditions.
Obscene Material – Catalogs, advertisements, brochures and other material is deemed obscene when
ALL of the following apply:


The average person, applying contemporary state standards, would find that the material, taken
as a whole, appeals to the prurient interest;



The material, taken as a whole, depicts or describes, in a patently offensive way, sexual content
as defined in this policy; and



The material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Printed Matter – Paper on which words, letters, characters, figures or images (or any combination of
them) not having the character of a bill or statement of account, or of actual personal correspondence,
have been reproduced by any process other than handwriting or typewriting.
Publication – Books, periodicals, newspapers, pamphlets, brochures, flyers, magazines, newsletters or
similar materials (to include articles printed from the internet or clipped from magazines/newspapers)
published by an individual, organization, or corporation that is distributed or made available through any
means.
Reasonable Suspicion – Actions, conduct, or circumstances which lead the company to believe that
activity in conflict with CCA policy and procedures has taken or is taking place.
Registered Mail – A service by which, through a system of receipts, the United States Postal Service
(USPS) monitors the movement of the piece of mail from the point of acceptance to the point of delivery.
The sender receives a receipt at the time of mailing and a delivery record is kept at the post office of
address.
Sexual Content –Content, regardless of how it is produced, that contains any picture, photograph,
drawing, or similar visual representation or image of an individual or portion on the human body which
depicts nudity, sexual conduct, sadomasochistic abuse, bestiality, or homosexuality and/or detailed
verbal descriptions or narrative accounts of deviate sexual behavior.
Special Correspondence – Mail between an inmate/resident and persons designated special
correspondents by this policy.
Standard Mail – A class of mail consisting of mailable matter that is not required to be mailed as firstclass mail or is not mailed as a publication.


Standard mail matter that weighs fewer than sixteen (16) ounces and includes circulars, printed
matter, pamphlets, catalogs, newsletters, direct mail, and merchandise or mail matter that
weighs sixteen (16) ounces or more.



Standard mail matter that weighs sixteen (16) ounces or more but no more than seventy (70)
pounds such as bound printed matter.

16-1.4 PROCEDURES:
PROCEDURES INDEX

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 3 of 25
SECTION
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
A.

OCTOBER 28, 2009

16-1

SUBJECT
Communication of Procedures
Supplies and Postage
Envelope Preparation
Correspondence Receptacles
United States Postal Service (USPS) Regulations
Facility Postal Services
Prohibited Correspondence/Items
Prohibited Publications
Suspicious Correspondence
Funds
Special Correspondents
Restricted Correspondents
Inmate/Resident Correspondents
Internal Correspondence
Collection of Correspondence
Inspection/Review of Correspondence
Withheld Correspondence/Items/Publications
Distribution of Correspondence
Packages
Correspondence Restriction
Forwarding of Correspondence

COMMUNICATION OF PROCEDURES
1.

2.

The Inmate/Resident Handbook will include information regarding the facility’s
correspondence procedures. At a minimum, the handbook will include the following:
a.

General reference to this policy and availability of the policy;

b.

Mailing address of the facility;

c.

Mailing address for funds;

d.

Procedures for obtaining supplies and postage;

e.

Instructions on how to address envelopes;

f.

List of special correspondents;

g.

Notification that as long as the inmate/resident bears the mailing cost, there is
no limit on the volume of correspondence that the inmate/resident can
send/receive or on the length, language, content, or source of correspondence
or publications except when it is a clear violation of this policy;

h.

Notification that general correspondence may be opened and inspected for
security reasons;

i.

Notification that special correspondence will only be opened in the presence of
the inmate/resident;

j.

Procedures for censoring mail; and

k.

Package procedures (if applicable).

All employees responsible for the collection, review/inspection, distribution, and
disposition of inmate/resident correspondence will be required to review this policy and
sign a 1-1G Policy/Post Order/PCN Acknowledgement form.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 4 of 25

OCTOBER 28, 2009
a.

B.

16-1

All 1-1G’s will be maintained by the facility Manager, Quality Assurance in
accordance with procedures outlined in CCA Policy 1-1 Policy Management.

SUPPLIES AND POSTAGE
1.

Indigent Inmates/Residents
Upon request, indigent inmates/residents will be provided with supplies and postage for
general and special correspondence as outlined below. A charge will not be placed
against future deposits to the inmate/resident’s trust account to recover the costs of
materials and postage provided to the inmate/resident while the inmate/residents was in
indigent status.
a.

General Correspondence
i.

Indigent inmates/residents will be provided a sufficient amount of
supplies (i.e. paper and writing utensils) to maintain community ties.

ii.

Indigent inmates/residents will also be provided postage in an amount
equal to three (3) one (1) ounce letters per week, unless otherwise
mandated by contractual requirements.

iii.

The facility will not be responsible for providing additional postal
services (e.g. registered mail, certified mail, insured mail, etc.), unless
otherwise mandated by contractual requirements.

iv.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS FOR
PROVIDING
SUPPLIES
AND
POSTAGE
TO
INDIGENT
INMATES/RESIDENTS FOR GENERAL CORRESPONDENCE ARE:
FIRST CLASS POSTAGE AND SUFFICIENT SUPPLIES TO SEND
AT LEAST THREE (3) GENERAL CORRESPONDENCE ITEMS
PER WEEK.

b.

Special Correspondence
i.

Indigent inmates/residents will be provided a sufficient amount of
supplies (i.e. paper and writing utensils) to write to special
correspondents identified in this policy.

ii.

Indigent inmates/residents will also be provided postage in an amount
equal to five (5) one (1) ounce letters per week, unless otherwise
mandated by contractual requirements.

iii.

The facility will not be responsible for providing additional postal
services (i.e. registered, certified, or insured mail), unless otherwise
mandated by contractual requirements.

iv.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS FOR
PROVIDING
SUPPLIES
AND
POSTAGE
TO
INDIGENT
INMATES/RESIDENTS FOR SPECIAL CORRESPONDENCE ARE:
FIRST CLASS POSTAGE AND SUFFICIENT SUPPLIES TO SEND
AT LEAST FIVE (5) SPECIAL CORRESPONDENCE ITEMS PER
WEEK.

2.

Non-Indigent Inmates/Residents

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OCTOBER 28, 2009

16-1

Non-indigent inmates/residents may purchase supplies and postage through the
facility’s commissary. The amount of supplies and postage that an inmate/resident may
purchase and possess will be in accordance with the facility’s allowable property list.
3.

Incoming Correspondence
When required by contract, regulations, or law, inmates/residents may receive supplies
and postage in incoming correspondence.
AT THIS FACILITY, PROCEDURES FOR RECEIVING SUPPLIES AND POSTAGE IN
INCOMING CORRESPONDENCE PER CONTRACT, REGULATIONS, OR LAW ARE:
INMATES ARE PROHIBITED FROM RECEIVING SUPPLIES AND POSTAGE IN
INCOMING CORRESPONDENCE. ALL POSTAGE AND SUPPLIES MUST BE
PURCHASED THROUGH THE FACILITY COMMISARY.

C.

ENVELOPE PREPARATION
All general correspondence must be received in a standard legal or letter size envelope.
1.

Incoming
At a minimum, the following information must be included on any incoming
correspondence sent to inmates/residents:
a.

Inmate/resident’s name;

b.

Inmate/resident’s identification number;

c.

Facility name and address; and

d.

Name and full address of the sender.

NOTE: When the sender is an approved special correspondent, as outlined in this
policy, the envelope should also be marked “Confidential”.
2.

Outgoing
a.

At a minimum, the following information must be included on any
correspondence sent by inmates/residents:
i.

Inmate/resident’s name;

ii.

Inmate/resident’s number;

iii.

Facility name and address;

iv.

Name and full address of the receiver.

b.

The inmate/resident shall use their commitment name unless it has been legally
changed.

c.

Other than the facility address, inmates/residents may not include business
names or position titles in their return address information.

d.

All envelopes addressed to special correspondents, as outlined in this policy,
must be marked “Confidential”.

e.

Drawings on outgoing correspondence are not allowed if they obstruct
processing.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 6 of 25

D.

OCTOBER 28, 2009

16-1

f.

Failure to properly address an envelope may result in the opening and return of
the correspondence to the inmate/resident.

g.

All outgoing correspondence will include a statement to reflect that the
correspondence originated from a correctional facility and that the facility is not
responsible for the substance or contents.

CORRESPONDENCE RECEPTACLES
1.

At least one (1) correspondence receptacle will be available for general population
inmates/residents to securely drop their outgoing correspondence.
AT THIS FACILITY, THE CORRESPONDENCE RECEPTACLE(S) ARE LOCATED IN
THE FOLLOWING LOCATION(S):
ON THE WALKWAY OUTSIDE THE DINING HALL.

2.

Each facility will establish procedures for the collection of outgoing correspondence for
inmates/residents who do not have access to the general population correspondence
receptacle (e.g. segregation, medical observation, etc.).
AT THIS FACILITY, CORRESPONDENCE COLLECTION PROCEDURES FOR
INMATES/RESIDENTS THAT DO NOT HAVE ACCESS TO THE GENERAL
POPULATION CORRESPONDENCE RECEPTACLE(S) ARE:
MAILBOXES IN SEGREGATION ARE LOCATED IN EACH POD. MAIL IS
COLLECTED EACH DAY MONDAY-FRIDAY.

E.

UNITED STATES POSTAL SERVICE (USPS) REGULATIONS
All correspondence addressed to inmates/residents must be sent through the United States
Postal Service (USPS) and comply with USPS Regulations.
1.

The United States Postal Services (USPS) prohibits the mailing of any of the following:
a.

Potentially hazardous materials that are not properly marked and packaged;

b.

Perishable items that are not properly marked and packaged;

c.

Correspondence containing any vile, or obscene material, and matter inciting
violence or terrorism;

d.

Solicitations that mimic billing statements, unless accompanied by a prominent
disclaimer;

e.

Solicitations stating approval by the USPS or Postmaster General, or
conformance to any postal law or regulation; and

f.

Correspondence that bears deliberate imitations of postal markings and/or
postal trademarks (e.g. “Priority Mail”, etc.).

2.

Correspondents are personally responsible for the content of each item of
correspondence they send through the USPS.

3.

Any violation of laws governing correspondence will be referred to postal authorities
and to appropriate criminal authorities. The sender may be subject to civil or criminal
penalties and/or federal prosecution for violation of postal laws.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 7 of 25
F.

OCTOBER 28, 2009

16-1

FACILITY POSTAL SERVICES
1.

The facility will provide services for inmates/residents to send correspondence by
registered, certified, or insured mail as long as the inmate/resident pays all associated
costs according to current postal regulations.
a.

2.

The facility will not provide for express mail, COD, private carriers, or stamp
collecting for inmates/residents while confined at the facility.

Facility postal services are intended for inmates/residents and should not be used by
employees to send/receive personal correspondence.
a.

In the event personal correspondence is received for an employee
unintentionally, the correspondence will be opened prior to delivery. The
employee will be required to sign a 16-1A Unauthorized Use of Facility Mail
Services form acknowledging that they understand that they are not to have
personal correspondence sent to the facility.

b.

In the event personal correspondence is placed in an outgoing correspondence
receptacle, the correspondence will be returned to the employee. The
employee will be required to sign a 16-1A acknowledging that they understand
that they are not to send personal correspondence from the facility.

c.

A copy of the signed 16-1A form will be sent to the Human Resources Office for
inclusion in the employee’s file.

3.

The Facility Mailroom shall maintain a current address list of federal, state, county,
appellate, and district courts.

4.

The Facility Mailroom shall maintain a current address list of health care providers that
CCA uses for off-site inmate/resident medical appointments.

5.

Facility Mailroom employees shall obtain postage rate charts through the local servicing
post office. Current copies of these charts will be maintained and posted in areas
where all inmates/residents have access.

6.

Inmates/residents are prohibited from using facility postal services for the following,
unless otherwise mandated by contractual requirements:
a.

Receiving any contraband or anything of an illegal or threatening nature;

b.

Soliciting or accepting any publication or item which has not been paid for in
advance;

c.

Obligating themselves or others to time payments;

d.

Joining or participating in book, record, tape, or CD clubs, either personally or
via a third-party;

e.

Soliciting or accepting anything of value without written approval of the
Warden/Administrator or designee;

f.

Sending any items other than correspondence out of the facility without the
written approval of the Warden/Administrator or designee;

g.

Sending or receiving correspondence for another inmate/resident;

h.

Sending or receiving correspondence with coded messages;

i.

Sending or receiving information related to the crime or sentence of another
inmate/resident;

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Page 8 of 25

OCTOBER 28, 2009

16-1

j.

Directing or conducting any business operations, except as necessary to
protect real estate property or close out a business; and

k.

Sending/receiving Cash-On-Delivery (COD) correspondence.

l.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS
PROHIBITED FACILITY POSTAL SERVICES ARE:

REGARDING

NONE

G.

PROHIBITED CORRESPONDENCE/ITEMS
1.

Prohibited Correspondence
Correspondence containing malicious, false, inflammatory, or other types of statements
or information, the purpose of which is reasonably intended to harm, or intimidate an
employee, visitor, or guest may be prohibited. Correspondence that could reasonably
jeopardize legitimate penalogical interests includes, but is not limited to:
a.

Plans to escape;

b.

Plans for criminal activities;

c.

Plans to introduce contraband into or out of the facility;

d.

Plans for activities in violation of facility rules;

e.

Threats to the safety and security of facility order, discipline or rehabilitation;

f.

Information which, if communicated, would create a clear and present danger of
violence and physical harm to a human being (including racially inflammatory
material);

g.

Letters or materials written in code or a foreign language when the
inmate/resident understands English (unless the Warden/Administrator or
designee determined that the recipient does not read and write fluently in
English);

h.

Correspondence which attempts to forward unauthorized correspondence to a
third party;

i.

Obscene material;

j.

Correspondence which encourages deviate sexual behavior which is criminal,
in violation of facility rules, detrimental to the rehabilitation of inmates/residents,
or determined by the Warden/Administrator or designee to be detrimental to the
safety and security of the facility (these materials include, but are not limited to,
pictures, drawings, or photographs which display or suggest vaginal, rectal, or
oral penetration by a person or object, ejaculation, bestiality, sadistic or
masochistic behaviors, child pornography, or the suggestion of child
pornography);

k.

Correspondence which may enable one (1) or more inmates/residents to
ascertain the time(s), date(s), and/or location(s) of upcoming off-site
appointments or transports;

l.

Personal identifying information (e.g. birth certificate, social security number,
driver’s license number, etc.) of individuals other than the inmate/resident’s and
his/her immediate family; and

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OCTOBER 28, 2009
m.

16-1

Other general correspondence for which rejection is reasonably related to a
legitimate penalogical interest.

NOTE: Any restrictions imposed on prohibited correspondence shall be unrelated to
the suppression of expression and may not be restricted solely based on unwelcome or
unflattering opinions.
These restrictions shall not apply to information and/or
statements communicated for the express purpose of obtaining legal assistance.
2.

Prohibited Items
Items normally contained in general correspondence that are considered to be
prohibited include, but are not limited to:
a.

Maps of the city where the facility is located or surrounding communities;

b.

Polaroid photographs;

c.

Photo negatives/slides;

d.

Photo albums;

e.

Photos of current or former employees;

f.

Framed photos;

g.

Greeting cards larger than 8 X 10;

h.

Greeting cards containing electronic or other non-paper parts;

i.

Greeting cards constructed in such a way to permit concealment of contraband;

j.

Stick on labels or stamps that appear to contain contraband;

k.

Items that are glued, taped, stapled, or otherwise affixed to a page; and

l.

Any items prohibited by law, regulations, or contract.

m.

AT THIS FACILITY, ADDITIONAL ITEMS PROHIBITED ARE :
ANY ITEM WITH ANY FORM OF LAMINATION.

H.

PROHIBITED PUBLICATIONS
Publications shall be prohibited if they interfere with legitimate penalogical objectives (e.g.
deterrence of crime, rehabilitation of inmates/residents, good order of the facility, to ensure an
environment free of sexual harassment, etc.), or if the refusal is necessary to prevent the
commission of a crime or to protect the interests of crime victims.
Publications shall also be prohibited if they contain pictures, depictions, illustrations, or
information related to any of the following subjects:
1.

Inciting, aiding, or abetting riots, work stoppages, or means of resistance;

2.

Sending/receiving of contraband;

3.

Gang information (to includes codes, signs, symbols, training material, etc.);

4.

Terrorism information;

5.

Functionality of locks and/or security devices (e.g. cameras, alarms) or how to bypass
or defeat the security functions of these devices;

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OCTOBER 28, 2009

16-1

6.

Use of hands, feet, or head as weapons, fighting weapons and techniques, self-defense
and martial arts;

7.

Drug paraphernalia, brewing of alcoholic beverages, or the manufacture or cultivation of
drugs, narcotics, or poisons;

8.

Racism and/or religious oppression and the superiority of one race/religion/political
group over another, and/or the degradation of one race/religion/political group by
another;

9.

Sale, manufacture, concealment, or construction of ammunition, guns, rifles, bombs,
explosives, or any other type weaponry;
NOTE: The mere photograph of a gun or knife in a magazine or publication (e.g. Field
and Stream) is not sufficient in and of itself to exclude the publication.

I.

10.

Sabotage or disruption of computers, communications, or electronics;

11.

Identity theft;

12.

Escape methods (e.g. blueprints, drawings, road maps, or descriptions of a correctional
facility, etc.);

13.

Survival skills that could be used as an aid in eluding capture following an escape;

14.

Obscene material;

15.

Publications which encourage deviate sexual behavior which is criminal, in violation of
facility rules, detrimental to the rehabilitation of inmates/residents, or determined by the
Warden/Administrator or designee to be detrimental to the safety and security of the
facility (these materials include, but are not limited to, pictures, drawings, or
photographs which display or suggest vaginal, rectal, or oral penetration by a person or
object, ejaculation, bestiality, sadistic or masochistic behaviors, child pornography, or
the suggestion of child pornography);

16.

Gambling strategies and other gambling-related material;

17.

Patterns for tattoos and/or skin modification equipment which would provide, at a
minimum, visual aids for inmates/residents wishing to reproduce this type of body
ornamentation and/or equipment;

18.

Contents that include cipher or code or instruct on the usage of codes;

19.

Acts of violence, that cause or intend to cause, serious criminal injury or harm such as
murder, rape, sexual assault, and cruelty to animals; and/or

20.

Graphic violence that includes amputation, decapacitation, dismemberment, or
mutilation maiming or disfigurement.

21.

Any other type of content which the Warden/Administrator or designee has designated
prohibited due to a threat such content is reasonably believed to pose to the safety,
security, and/or orderly operation of the facility.

SUSPICIOUS CORRESPONDENCE
1.

Suspicious correspondence includes incoming/outgoing correspondence that has one
(1) or more of the following characteristics:
a.

Oily stains on the envelope or on the outside of the package;

b.

Discolorations on the envelope or on the outside of the package;

c.

Crystallization on the envelope or on the outside of the package;

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2.

3.

J.

OCTOBER 28, 2009

16-1

d.

Excessive wrapping, tape, or string;

e.

Rigid, uneven, irregular, or lopsided packages;

f.

Packages with soft spots, bulges, or excessive weight;

g.

Packages with protruding wires or aluminum foil; and/or

h.

Any other characteristic which would give rise to suspicion that the mail system
is being used in a way that violates policy, law, or regulation.

Facilities may apply heightened scrutiny to the incoming and outgoing correspondence
of certain inmates/residents to identify suspicious information. Examples include, but
are not limited to, inmates/residents:
a.

Who participated in criminal activity of a sophisticated nature;

b.

Whose crimes involved mail or fraudulent schemes; and/or

c.

Who are considered escape risks.

Processing of suspicious correspondence may not interfere with the prompt handling of
the correspondence. Unless the correspondence is being denied, it will be processed
in the normal manner.

FUNDS
1.

Inmates/residents will be allowed to have funds sent to them while incarcerated. Funds
will be sent to inmates/residents at one (1) of the following locations:
a.

To the facility;

b.

To the company’s bank lockbox; or

c.

To the contracting agency.

d.

AT THIS FACILITY, FUNDS WILL BE SENT TO THE FOLLOWING
LOCATION:
CERTIFIED CHECKS, CASHIER'S CHECKS, AND MONEY ORDERS
ARE MAILED TO THE COMPANY’S BANK LOCKBOX.

e.

AT THIS FACILITY, THE ADDRESS WHERE FUNDS WILL BE SENT IS:
CCA INMATE TRUST
INMATE FIRST & LAST NAME (AS IT APPEARS ON ID CARD)
INMATE COMMISSARY NUMBER _ _ _ _ _ _
FACILITY: SUARO
P.O. BOX 933488
ATLANTA, GA 31193-3488

2.

Funds received must be in the form of a money order or cashier check made payable to
the inmate/resident. There is no limit to the amount of funds that the inmate/resident
may receive on any given day, unless contractual requirements mandate otherwise.
1.

Cash will not be accepted.

2.

Personal checks will not be accepted.

3.

Checks made out to multiple parties will not be accepted.

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3.

5.

16-1

4.

Foreign currency will not be accepted.

5.

Wireless transfer services (e.g. Western Union, etc.) are an appropriate means
of transferring funds and may be used where available.

With the exception of personal checks received at the company’s lockbox, unaccepted
funds received will be sent back to the sender with a 16-1B Unaccepted Funds
Notification. Personal checks received at the company’s lockbox will be destroyed.
a.

4.

OCTOBER 28, 2009

In the event cash is received, it will be deposited and a check will be written to
the sender for the amount of cash received.

Unless approved by the Warden/Administrator (e.g. authorized facility activities/events
such as hobby craft sales, etc.), inmates/residents are not authorized to receive funds
from the following individuals:
a.

Other incarcerated inmates/residents;

b.

Families or visitors of other incarcerated inmates/residents;

c.

Ex-inmates/residents or their families;

d.

Employees or their families; and

e.

Unidentifiable sources.

Incoming Funds
All incoming funds must clearly indicate the inmate/resident’s name and identification
number.
a.

Funds received at the facility may be included with incoming general
correspondence.

b.

Funds received at the company’s bank lockbox may not have any other
documents included in the envelope. Other documents or personal items
received at the company’s lockbox will be destroyed.

c.

AT THIS FACILITY, CONTRACTING
INCOMING FUNDS ARE:

AGENCY

PROCEDURES

FOR

RETURNED TO SENDER WITH INSTRUCTIONS TO SEND FUNDS TO
CCA INMATE TRUST ADDRESS.

6.

K.

Inmates/residents will receive a receipt for all funds received and posted to their trust
account. In the event funds were received from multiple sources on the same day, the
inmate/resident’s receipt will indicate each source separately.

SPECIAL CORRESPONDENTS
1.

Inmates/residents will be allowed to send/receive confidential correspondence with the
following special correspondents:
a.

State and federal elected officials;

b.

State and federal officials appointed by the Governor;

c.

State and federal official appointed by the President of the United States;

d.

State and federal judges and courts;

e.

Attorneys who can be verified as licensed to practice law in any state;

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f.

City, county, state, and federal officials having responsibility for the
inmate/resident’s present, prior, or anticipated custody, parole, or probation
supervision;

g.

County agencies regarding child custody proceedings;

h.

Officials of a foreign consulate;

i.

Verified legal service providers/organizations (e.g. American Civil Liberties
Union, Prison Law Office, National Association of Criminal Defense Lawyers,
etc.); and

j.

Facility Support Center Managing Directors, Facility Operations.

k.

AT THIS FACILITY, ADDITIONAL INDIVIDUALS CONSIDERED SPECIAL
CORRESPONDENTS ARE:
NONE

2.

L.

Confidential correspondence with the special correspondents listed above is a right
guaranteed by law. Intentionally using special correspondence as a means for sending
general correspondence or the transmission of contraband items is an abuse of rights
guaranteed by law and such abuse may be subject to disciplinary action.

RESTRICTED CORRESPONDENTS
1.

2.

Inmates/residents may not correspond with restricted correspondents as outlined
below:
a.

Minors in which the legal guardian has provided written objection;

b.

Minors, except immediate family members, unless the legal guardian has
granted permission;

c.

Victims of a crime for which the inmate/resident has been convicted of or is
presently under indictment, or with any member of a victim’s household who is
not an immediate family member of the inmate/resident;

d.

Individuals under probation or parole, unless the paroling officer has granted
permission;

e.

Any individuals that are restricted based on a court order; and/or

f.

Any individual who has filed a written request to the facility requesting
discontinuation of correspondence.

If the receiver of any correspondence, general or special, submits a written complaint to
the facility, due considerations will be given to any reasonable remedy sought by the
individual to include, but not limited to:
a.

Discussing the complaint with the inmate/resident in an attempt to resolve the
matter;

b.

Reading of all correspondence, including special correspondence, addressed to
the individual and disallowing only that which appears to perpetrate the
problem; and/or

c.

Disallowing all correspondence to the individual.

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3.

Any inmate/resident found to be corresponding with a restricted correspondent may be
subject to correspondence restriction and/or disciplinary action.

4.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS REGARDING RESTRICTED
CORRESPONDENTS ARE:
INMATES WILL BE ALLOWED TO SEND LETTERS TO WHOMEVER EXCEPT
AS OUTLINED IN 16-1.L.1 OR WHEN A REASONABLE BELIEF EXISTS THAT
SUCH CORRESPONDECE COULD POSE A THREAT TO THE SAFETY AND
SECURITY OF THE FACILITY.

M.

INMATE/RESIDENT CORRESPONDENTS
1.

Inmates/residents may correspond with inmates/residents incarcerated in other
correctional facilities as outlined below.
a.

Prior written approval of the Warden/Administrator or designee must be
obtained from each facility. Copies of the approvals will be provided to both
inmates/residents.
i.

b.

2.

3.

Written approvals will remain in effect even though one (1) or both of
the inmates/residents are transferred to another facility.

Correspondence privileges will be limited to:
i.

Immediate family members (spouse, parents, siblings, children, and
grandchildren); and

ii.

Co-defendants in active cases.

c.

Correspondence will not be deemed to be special in any manner.

d.

All outgoing correspondence must remain unsealed until reviewed by
designated facility employees.

e.

Photographs of incarcerated inmates/residents must not be included in any
correspondence.

f.

Inmates/residents may not receive nor send correspondence to multiple
inmates/residents inside the same envelope.

Correspondence privileges with other inmates/residents may be suspended or
terminated by the Warden/Administrator or designee, of either facility, for the following
reasons:
a.

One (1) or both inmates/residents have violated facility rules and regulations;

b.

The reason for the original approval no longer applies or has been determined
to have been erroneous or deceptive;

c.

The safety, security, or good order of the facility is jeopardized; and/or

d.

The safety or well being of any individual is jeopardized.

Any time that correspondence privileges are suspended or terminated, a 16-1C
Inmate/Resident Correspondent Suspension/Termination form will be completed. The
facility initiating the 16-1C will send a copy of the 16-1C to the other participating facility
and to both inmates/residents.

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4.

OCTOBER 28, 2009

16-1

AT THIS FACILITY, ADDITIONAL CONTRACTING AGENCY PROCEDURES FOR
INMATE/RESIDENT CORRESPONDENTS ARE:
HAWAII INMATES ONLY – INMATES MUST REQUEST APPROVAL TO
CORRESPOND WITH OTHER INMATES THROUGH THE HAWAII DEPARTMENT
OF PUBLIC SAFETY MAINLAND BRANCH.

N.

INTERNAL CORRESPONDENCE
1.

Inmates/residents may correspond with the appropriate facility employees to address
any issues or concerns that they may have.
AT THIS FACILITY, THE PROCEDURES FOR INTERNAL CORRESPONDENCE
ARE:
INMATE REQUEST FORMS

O.

2.

All internal correspondence to/from Health Services staff and/or the Grievance Officer
will be considered special and confidential and will not be opened unless authorized by
the Warden/Administrator or designee.

3.

Any internal correspondence addressed to contracting agency staff will be considered
special and confidential and will not be opened by facility staff. Internal correspondence
addressed to contracting agency staff will be forwarded appropriately.

COLLECTION OF CORRESPONDENCE
Excluding weekends and holidays, or emergency situations, correspondence will be collected
from all facility correspondence receptacles on a daily basis.

P.

1.

Each facility will prepare a schedule indicating normal collection times for each
correspondence receptacle.
Each schedule must indicate that the times are
approximate and may be altered as necessary due to facility situations.

2.

The collection schedule will be posted in an area accessible to all inmates/residents.

INSPECTION/REVIEW OF CORRESPONDENCE
With the exception of special correspondence, incoming/outgoing correspondence will be
opened, inspected, and may be read to make sure that it does not violate the secure and
orderly operation of the facility, does not adversely affect the rehabilitative progress of the
inmates/residents, is not obscene, or does not conflict with the procedures outlined in this
policy.
1.

Universal Procedures
a.

Disposable gloves will be provided
inspecting/reviewing correspondence.

b.

While reviewing correspondence, employees may incidentally learn of
information concerning the private lives of inmates/residents or their
correspondents.
i.

for

employees

to

use

while

Employees must be sensitive to the fact that information in
correspondence is of a private nature and must be handled discreetly.

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OCTOBER 28, 2009
ii.

Unless there is a legitimate penalogical concern relating to the facility’s
security, safety, or orderly operation, the contents of reviewed
correspondence are not to be revealed to any other person.

c.

When reviewing correspondence, disagreement with the sender/receiver’s
apparent moral values, attitudes, or choice of words will not be used as a
reason for withholding or delaying correspondence.

d.

Canines and x-ray machines may be used, at any time, to search
correspondence at the facility’s discretion.

e.

Correspondence will be returned to sender if it is not properly prepared as
outlined in 16-1.4C.

f.

Correspondence addressed to “Current Occupant” or “Current Addressee” will
be disposed of.

g.

All undelivered letters and packages returned to a facility, by the post office, will
be opened and inspected before returning to the inmate/resident.
i.

2.

16-1

In the event special correspondence is returned, the envelope shall be
opened in the presence of the inmate/resident.
The special
correspondence will be examined and read to the degree necessary to
determine if it was sent out by the inmate/resident and that it was not
opened or tampered with before its return to the facility.

h.

Upon conclusion of review/inspection, correspondence will be resealed
(stapled, taped, etc.) prior to sorting for distribution. Caution should be taken
when resealing correspondence, to ensure contents are not damaged.

i.

All correspondence and publications retained as personal property will be
subject to search or reading for contraband and security violations.

Incoming Correspondence
a.

General
i.

All incoming general correspondence is subject to being read, in part or
in full, and searched for contraband before it is delivered to the
inmate/resident.

ii.

Any enclosures (e.g. newspaper articles, internet articles, or copies
thereof, etc.) will be treated in the same manner as the general
correspondence.

iii.

Incoming general correspondence containing contraband or prohibited
correspondence/items as outlined in 16-1.4 G. will be withheld.

iv.

In the event general correspondence is received for an inmate/resident
from a health care provider that CCA uses for off-site inmate/resident
medical appointments, the correspondence will be withheld in an effort
to protect the public, facility employees, and inmates/residents from
outside threats during transports/off-site appointments.

v.

Inmates/residents not wanting their incoming general correspondence
to be reviewed/inspected by employees may choose to reject all
incoming general correspondence.


The inmate/resident must complete and submit the 16-1D
Rejection of General Correspondence form to the Facility
Mailroom.

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OCTOBER 28, 2009


b.

All general correspondence received for inmates/residents who
have submitted a 16-1D will not be opened. It will be marked
returned to sender and sent back to the local post office.

Special
i.

Incoming special correspondence should be marked “Confidential” and
must bear the name and title of a sender considered special under 161.4 K. of this policy. Any special correspondence that cannot be
identified as special correspondence based on the markings on the
outside of the envelope will be treated as general correspondence.

ii.

Incoming special correspondence may be opened and inspected in the
presence of the inmate/resident to whom it is addressed.


3.

16-1

In the event special correspondence is opened in error, it will
not be read but will be immediately resealed. The employee
who opened the correspondence in error must mark “opened in
error” on the envelope and sign and date the envelope. A log
will be maintained to document all special correspondence
opened in error.

iii.

Any enclosures (e.g. newspaper articles, internet articles, etc.) will be
treated in the same manner as special correspondence.

iv.

Prohibited correspondence/items, as outlined above in 16-1.4 G., will
be withheld from special correspondence if detected. However, any
portions of the special correspondence that do not contain prohibited
correspondence/items will be delivered to the addressee.

v.

Prohibited correspondence will be
correspondent as outlined in 16-1.4 Q.

returned

to

the

special

Outgoing Correspondence
a.

b.

General
i.

All outgoing general correspondence is subject to being read, in part or
in full, and searched for contraband before it is sent to the post office
for delivery.

ii.

Any enclosures (e.g. newspaper articles, internet articles, etc.) will be
treated in the same manner as general correspondence.

iii.

Outgoing general correspondence containing contraband or prohibited
correspondence/items as outlined above in 16-1.4 G. will not be
processed and the inmate/resident may be subject to correspondence
restriction or disciplinary action.

Special
i.

All outgoing special correspondence must be marked “Confidential”
when it is addressed to individuals outlined in 16-1.4 K. Failure to mark
the correspondence as “Confidential” will result in the correspondence
being processed as general correspondence.

ii.

Outgoing special correspondence will be sealed by the inmate/resident
prior to depositing into correspondence receptacles.

iii.

If reasonable suspicion exists to believe that the outgoing
correspondence is not special, the Warden/Administrator may hold the

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OCTOBER 28, 2009

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correspondence for two (2) business days prior to mailing to allow
verification of the special status of the addressee.
iv.

Outgoing special correspondence may be opened and inspected in the
presence of the sending inmate/resident to ensure that the special
correspondence does not contain contraband.


In the event special correspondence is opened in error, it will
not be read but will be immediately resealed. The employee
who opened the correspondence in error must mark “opened in
error” on the envelope and sign and date the envelope. A log
will be maintained to document all special correspondence
opened in error.

v.

Any enclosures (e.g. newspaper articles, internet articles, etc.) will be
treated in the same manner as the special correspondence.

vi.

If
outgoing
special
correspondence
contains
prohibited
correspondence/items outlined above in 16-1.4 G., the prohibited
correspondence/items will be removed from the correspondence before
sending. If the prohibited correspondence/item indicates a violation of
the law, or intent to violate the law, the matter may be referred to the
appropriate authorities for possible prosecution. The inmate/resident
may be subject to correspondence restriction or disciplinary action.
AT SAGUARO CORRECTIONAL CENTER, THE FOLLOWING
PROCEDURES WILL BE APPLIED TO OUTGOING SPECIAL
CORRESPONDENCE IN LIEU OF THOSE OUTLINED IN P.3.b.iv.
ABOVE:

4.



THE INMATE WILL PRESENT THE UNSEALED SPECIAL
CORRESPONDENCE TO A MEMBER OF THE UNIT TEAM
STAFF TO INSPECT FOR CONTRABAND. AT NO TIME
WILL THE STAFF MEMBER READ OR CENSOR ANY
PORTION OF THE SPECIAL CORRESPONDENCE.



AFTER INSPECTION THE INMATE WILL SEAL
SPECIAL CORRESPONDENCE IN THE PRESENCE OF
INSPECTING STAFF MEMBER. ONCE SEALED
SPECIAL CORRESPONDENCE WILL REMAIN WITH
INMATE FOR PLACEMENT IN THE OUTGOING MAIL.

THE
THE
THE
THE

Publications
a.

All publications will be reviewed/inspected to ensure the following:
i.

That the publication was sent directly from a recognized publisher,
distributor, or authorized retailer.


ii.

The Warden/Administrator may refuse to process publications
shipped from persons, entities, and organizations which cannot
assure the facility that the publications have not been handled
by persons other than their employees and the employees of
the mail or shipping service used for shipments to prevent the
introduction of contraband.

That the publication does not include pictures, depictions, illustrations,
or information as outlined in 16-1.4 H.

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OCTOBER 28, 2009
iii.

Q.

16-1

To remove stapled or perforated items including, but not limited to, free
product samples, calendars, advertising, or promotional items.

b.

Non-English publications are subject to the same review/inspection and may be
subject to a reasonable delay in distribution pending translation. When such
delay exceeds five (5) calendar days, the inmate/resident will be notified in
writing of the delay, the reason for the delay, and subsequent actions regarding
the item.

c.

Unless mandated by contract, law, or regulation, publications will not be
rejected solely because they were purchased as gifts or purchased using funds
other than those from inmate/resident accounts.

WITHHELD CORRESPONDENCE/ITEMS/PUBLICATIONS
1.

Prohibited Correspondence (General or Special)
a.

Facility Mailroom employees will document receipt of
correspondence on the 16-1E Prohibited Correspondence form.
i.

ii.

iii.
2.

prohibited

Withheld correspondence from a health care provider that CCA uses
for off-site inmate/resident medical appointments, will be processed as
follows:


The Chief of Security and Health Services Administrator (HSA)
will be notified;



The correspondence will be forwarded to the HSA for review;
and



The HSA or designee will be responsible for reviewing the
correspondence from the health care provider, ensuring the
privacy of medical information contained within the
correspondence, and communicating any health information to
the inmate/resident.

Unless an investigation or legal/disciplinary action is necessary,
prohibited correspondence (general or special) will be returned to the
sender along with a copy of the 16-1E and 16-1H
Correspondence/Publications Appeal form within two (2) business days
of receipt.
Where permitted, the cost of returning prohibited
correspondence to the sender will be charged to the inmate/resident
addressee.


Prohibited correspondence withheld for investigation and/or
pending legal/disciplinary action will be held until conclusion of
the action.



In the event correspondence was deemed appropriate based
on an investigation and/or no legal/disciplinary charges are
recommended, the correspondence will be forwarded to the
inmate/resident.

When the inmate/resident is not the sender, a copy of the 16-1E and
16-1H will also be provided to the inmate/resident.

Prohibited Items
a.

Facility Mailroom employees will document receipt of prohibited items on the
16-1F Prohibited Items form. Copies of the form will be provided to the

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inmate/resident along with a copy of the 16-1H form within two (2) business
days of receipt.
b.

AT THIS FACILITY, COPIES OF THE 16-1F AND 16-1H WILL ALSO BE
FORWARDED TO THE FOLLOWING INDIVIDUALS:
CHIEF OF SECURITY AND ASSISTANT CHIEF OF SECURITY.

3.

Prohibited Publications
a.

4.

The Warden/Administrator has the authority to ban publications that routinely
contain pictures, depictions, illustrations, or information as outlined in 16-1.4 H.
i.

A review of three (3) or more issues of the publication or all issues of
the publication, whichever is less, must be conducted to ensure that the
publication meets the criteria outlined above in Q.3.a.

ii.

If the results of the review indicate a need to ban the publication, the
following must occur:


The publisher must be informed, in writing, of the ban on the
publication and a brief explanation of the reason(s) for the ban
must be included.



Within thirty (30) days of the ban, the publication will be
included on the facility’s banned publication list and posted in
an area accessible to the inmate/resident population.



The issues reviewed must be retained at the facility for the
duration of the ban.

b.

Publications may also be banned when required by the contracting agency.
Publications banned by the contracting agency will be posted in an area
accessible to the inmate/resident population.

c.

A current list of banned publications must be posted in an area accessible to
the inmate/resident population.

d.

Facility Mailroom employees will document receipt of prohibited publications on
the 16-1G Prohibited Publication form.

e.

A copy of the 16-1G and 16-1H will be provided to the inmate/resident stating
the reason for denial.

Appeal
When prohibited correspondence/items/publications have been denied, the
inmate/resident and/or the sender will have the opportunity to appeal the denial.
Correspondence/items/publications denied for legal/disciplinary action may not be
appealed.
a.

Any individual choosing to appeal denied correspondence/publications must
complete the 16-1H and return the form to the Facility Mailroom employees
within seven (7) calendar days of receipt.

b.

Upon receipt of a 16-1H, Facility Mailroom employees will forward the form to
the Warden/Administrator or designee (not to be delegated below Assistant
Warden/Administrator) for review and response.

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c.

The Warden/Administrator or designee (not to be delegated below Assistant
Warden/Administrator) will provide a response to the appeal within fifteen (15)
calendar days of receipt. The response will be forwarded to the Facility
Mailroom employees who will be responsible for ensuring that the original is
maintained at the facility and copies are provided to the sender.

d.

Inmates/residents will have the opportunity to choose disposition of denied
appeals regarding prohibited items as outlined below.

e.

The Warden/Administrator or designee’s (not to be delegated below Assistant
Warden/Administrator) decision is final and concludes the appeal process,
unless otherwise specified in the facility management contract.
AT THIS FACILITY, ADDITIONAL CONTRACTUAL PROCEDURES FOR
APPEALING DENIED CORRESPONDENCE/ITEMS/PUBLICATIONS ARE:
NONE

5.

Disposition
a.

Inmates/residents will be provided the opportunity to designate the disposition
of prohibited items on the 16-1F in one (1) of the following manners:
i.

Destroyed by facility employees;

ii.

Mailed to an address designated by the inmate/resident at the
inmate/resident’s expense; or

iii.

Picked up by an inmate/resident’s visitor, with prior approval of the
Warden/Administrator or designee.

b.

The inmate/resident will have thirty (30) calendar days to notify the facility of the
disposition.

c.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS
DISPOSITION OF PROHIBITED ITEMS ARE:

REGARDING

NONE

6.

Destruction
In the event a disposition has not been received by the inmate/resident after thirty (30)
calendar days and no pending appeals, grievances, or other hold notices exist, the
prohibited items will be destroyed.

7.

a.

Two (2) employees must be present for the destruction.

b.

The 16-1F must document that a disposition was not received and that no
grievance or other hold notice is pending.

c.

Both employees will sign the 16-1F indicating the date and time of the
destruction.

d.

Upon completion of the destruction, a copy of the 16-1F will be forwarded to the
inmate/resident.

All signed 16-1E, 16-1F, 16-1G, and 16-1H forms will be maintained at the facility in
accordance with CCA Policy 1-15 Retention of Records.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 22 of 25
R.

OCTOBER 28, 2009

DISTRIBUTION OF CORRESPONDENCE
1.

Excluding weekends and holidays, or emergency situations, incoming and outgoing
correspondence will be distributed within forty-right (48) hours of the facility’s receipt.
a.

2.

S.

16-1

Correspondence received in languages other than English may be subject to a
delay for translation of its contents. When such delay exceeds normal
distribution timeframes, a 16-1I Correspondence Translation Delay form will be
completed and presented to the inmate/resident to acknowledge.

The distribution of special correspondence, incoming and outgoing, will be documented.
Inmates/residents may be required to sign acknowledging their receipt of the special
correspondence.

PACKAGES
1.

Incoming
In the event the facility allows receipt of special packages, the following will apply:
a.

Each Warden/Administrator may make available to the inmate/resident
population a list of items which may be received in packages.

b.

Any person may purchase and send such approved items to any
inmate/resident. However, at some facilities the contracting agency allows the
package to be sent from a vendor only.
i.

AT THIS FACILITY, THE ITEMS WHICH MAY BE RECEIVED IN
PACKAGES ARE AS FOLLOWS:
ONLY PACKAGES FROM VENDORS APPROVED BY THE
FACILITY ADMINISTRATION MAY BE RECEIVED.

ii.

THE NUMBER OF PACKAGES WHICH MAY BE RECEIVED ARE AS
FOLLOWS:
AS ALLOWABLE PROPERTY MATRIX DICTATES.

2.

3.

c.

All incoming packages will be inspected for contraband.

d.

Excluding weekends and holidays, or emergency situations, packages are held
no more than seventy-two (72) hours before delivery to the inmate/resident.

Outgoing
a.

All outgoing packages will be inspected for contraband.

b.

Excluding weekends and holidays, or emergency situations, packages will be
shipped within seventy-two (72) hours of receipt.

Packages containing non-allowable or excess property items, that are not considered
contraband, will be disposed of in accordance with CCA Policy 14-6 Inmate/Resident
Property unless contractually mandated otherwise.
AT THIS FACILITY, THE FOLLOWING POLICY IS UTILIZED IN LIEU OF CCA
POLICY 14-6:
NONE

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 23 of 25
4.

OCTOBER 28, 2009

16-1

Contraband will be destroyed in accordance with procedures outlined in CCA Policy 9-5
Searches and Contraband Control unless contractually mandated otherwise.
AT THIS FACILITY, THE FOLLOWING POLICY IS UTILIZED IN LIEU OF CCA
POLICY 9-5:
NONE

5.
T.

Packages containing legal materials and special information will be processed in the
same manner and time frames as special correspondence.

CORRESPONDENCE RESTRICTION
1.

2.

Correspondence restriction may be imposed on inmates/residents for:
a.

Violation of the procedures in this policy;

b.

Violation of USPS regulations;

c.

Complaints received from the receiver of the correspondence;

d.

Any other action deemed appropriate by the Warden/Administrator.

Anytime a correspondence restriction is imposed a 16-1J Correspondence Restriction
Notice must be completed and sent to the affected inmate/resident. The 16-1J must
include the reason for the restriction and the length of time the restriction will be
imposed.
a.

The 16-1J and all documentation supporting the restriction will be maintained in
the inmate/resident’s institutional file, unless prohibited by contractual
requirements.

b.

AT THIS FACILITY, CORRESPONDENCE RESTRICTION DOCUMENTS
WILL BE MAINTAINED IN THE FOLLOWING LOCATION:
NONE

3.

4.

All correspondence restrictions will be reviewed by the Warden/Administrator or
Assistant Warden/Administrator at least once every six (6) months and documented on
the 16-1K Review of Correspondence Restriction.
a.

The purpose for the review is to determine if the inmate/resident’s
correspondence restriction should be continued or discontinued. The 16-1K
must fully document the results of the review.

b.

The inmate/resident must be provided a copy of the 16-1K.

AT
THIS
FACILITY,
CONTRACTUAL
CORRESPONDENCE RESTRICTION ARE:

REQUIREMENTS

REGARDING

NONE

U.

FORWARDING OF CORRESPONDENCE
1.

Inmates/residents are responsible for notifying their correspondents and the publishers
of their subscriptions of any change of address. Inmates/residents arriving at the facility
or scheduled for transfer or release may request change of address cards from the
Facility Mailroom.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 24 of 25

OCTOBER 28, 2009

16-1

2.

Facilities are not required to forward correspondence to inmates/residents who are
temporarily absent from the facility (e.g. out to court, hospital, etc.) when the
inmate/resident is anticipated to return to the facility within two (2) weeks.

3.

Correspondence received from an inmate/resident who has been transferred from the
facility where the correspondence was received shall be immediately forwarded to the
facility or agency that has current custody of the inmate/resident. The correspondence
will not be returned to sender as “Addressee Unknown” or “Inmate No Longer Housed
At This Facility” unless the inmate/resident has been released from custody and a
forwarding address is not available.

4.

First class mail and periodicals addressed to an inmate/resident who has been
transferred shall be forwarded to the inmate/resident’s current address via United
States Postal Service (USPS).

5.

Standard mail with a “mailer endorsement” (i.e. “Address Service Requested”,
“Forwarding Service Requested”, “Change Service Requested”, “Return Service
Requested”) that was appropriately addressed, but is undeliverable due to the
inmate/resident no longer being housed at the facility will be returned to the USPS for
processing.
Standard mail received without a “mailer endorsement”, for
inmates/residents no longer at the facility, may be disposed of.

6.

AT THIS FACILITY, ADDITIONAL CONTRACTING AGENCY PROCEDURES FOR
FORWARDING CORRESPONDENCE ARE:
NONE

16-1.5 REVIEW:
This policy will be reviewed by the Office of General Counsel on an annual basis.
16-1.6 APPLICABILITY:
All CCA Facilities (Provided contractual requirements do not mandate otherwise)
16-1.7 APPENDICES:
None
16-1.8 ATTACHMENTS:
16-1A Unauthorized Use of Facility Mail Services
16-1B Unacceptable Funds Notification
16-1C Inmate/Resident Correspondent Suspension/Termination
16-1D Rejection of General Correspondence
16-1E Prohibited Correspondence
16-1F Prohibited Items
16-1G Prohibited Publication
16-1H Correspondence/Publications Appeal
16-1I

Correspondence Translation Delay

16-1J

Correspondence Restriction Notice

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 25 of 25

OCTOBER 28, 2009

16-1

16-1K Review of Correspondence Restriction
1-1G

Policy/Post Order/PCN Acknowledgement

AT THIS FACILITY ADDITIONAL FORMS UTILIZED ARE:

16-1.9 REFERENCES:
CCA Policy 1-1
CCA Policy 1-15
CCA Policy 9-5
CCA Policy 14-6
ACA Standards.
4-4266/4-ALDF-2A-60
4-4487
4-4488/4-ALDF-5B-05
4-4489/4-ALDF-5B-06
4-4490/4-ALDF-5B-07
4-4491/4-ALDF-5B-08
4-4492/4-ALDF-5B-09
4-4493
4-4494
4-4495/4-ALDF-5B-10
4-4496

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

EXHIBIT B

NOTICE OF CHANGE TO POLICY 16-1

In December 2009, CCA revised Policy No. 16-1 regarding prisoner mail to remove
certain limitations on publishers’ ability to send books and publications to prisoners at
Saguaro Correctional Center. You may review a copy of Policy No. 16-1 at the
prison library. The pertinent changes are as follows:

1.

Prisoners at Saguaro Correctional Center may receive gift publications (that is,
books and publications paid for and ordered by third parties), as long as
otherwise permitted pursuant to Policy No. 16-1.

2.

If any incoming book or publication is rejected, the material shall be held at
the institution for a period of thirty (30) days after having provided notice to
the publisher. The publisher shall be given notice and opportunity to respond
while material is being held.

3.

Prison Legal News is an approved vendor at Saguaro Correctional Center.

2191539.1
[365973-2]



 

Prisoners Self Help Litigation Manual

 

Disciplinary Self-Help Litigation Manual

 

Federal Prison Handbook